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Perlindungan Hukum Terhadap Warga Negara Keturunan Asia Dari Tindakan Diskriminasi Rasial Di Masa Pandemi Covid 19 Fikryansha Tuah; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1120

Introduction: The 2019 coronavirus (COVID-19) pandemic has exposed social and political rifts in society, the emergence of racial and discriminatory responses to fear, which disproportionately affects marginalized groups especially those of Asian descent in America and Europe.Purposes of the Research: To study and find out the protection of international law for citizens of Asian descent during the covid 19 pandemic based on the international convetion on the elimination of all form of racial discrimination 1965, and to examine and know the state’s responsibility for acts of racial discrimination for citizens of Asian descent america during the covid 19 pandemic.Methods of the Research: The research method uses normative juridical law research, with primary and secondary legal materials as sources of law. The problem approach used is a conceptual approach. The case approach, and the statute approach. Furthermore, it was analyzed qualitatively.Results of the Research: The results show that the Covid 19 pandemic has increased hate crimes against Asians. The spike in hatred increased because Asians were blamed for the occurrence of Covid 19, which was first identified in Wuhan, China 2019. Protection against acts of racial and ethnic discrimination regulated in the International Convention of the Elimination of All Forms of Racial Discrimination (ICERD) is the elimination of discrimination that must be done immediately and in all its forms and manifestations, including the prevention and eradication of racist doctrines and practices, to promote mutual understanding between races and to build an international community free from all forms of racial exclusion and racial discrimination. States parties undertake to provide, through competent national courts and other national institutions, effective protection and remedies for everyone within their jurisdiction from racial discrimination in violation of the present Covenant, and to fulfill or satisfy the Right to compensation for all form of loss suffered as a result of such discriminatory treatment. States parties are obliged to take all appropriate steps to develop policies as soon as possible to eliminate all forms of racial discrimination and promote understanding between races.

Pemindahan Penduduk Secara Paksa Dalam Konflik Bersenjata Di Filipina Dan Akibat Hukumnya Menurut Hukum Humaniter Internasional Dio Boy Tetelepta; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1438

Introduction: Population transfer or displacement is the movement of a large group of people from one area to another, In armed conflict it is often a form of forced migration carried out by state policy or international authorities and most often on ethnic or religious grounds.Purposes of the Research: The purpose of this study is to determine and analyze the regulations prohibiting the forcible transfer of civilians in International Humanitarian Law. To know and analyze the legal impact of forcible transfer of civilians in International Humanitarian Law. Methods of the Research: The research method used in this research is normative juridical. This type of research is descriptive analytical. The sources and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature studies which are then processed and analyzed qualitatively.Results of the Research: The results show that the transfer of civilians in armed conflict to be used as hostages or for the purpose of winning the war at the expense of the civilian population as a living shield is a form of forced migration that is prohibited either by expulsion or other coercive actions from the area where they live without being given a reason permitted by international law. The word coercion here is not limited to physical coercion, but can include threats of violence or psychological pressure (8 paragraph (2) letters (a) and (b) of the Rome Statute and Geneva Convention IV on the Protection of Civilian Persons in Time of War). Forced population transfer or migration carried out by the Moro National Liberation Front (MNLF) to make civilians as hostages and shields in the non-international armed conflict in the Philippines.

Konsep Perlindungan Hukum Bagi Pengungsi Anak Dari Ukraina Dalam Perspektif Hukum Pengungsi Internasional Rachma Rizky Melania Latuconsina; Arman Anwar; Dyah Ridhul Airin Daties
Balobe Law Journal Volume 3 Issue 1, April 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i1.1512

Introduction: The war in Ukraine caused Ukrainian refugees, including children, to be forced to leave their homes to seek protection in areas that were still safe within the country of Ukraine as Internally Displaced Persons or IDPs.Purposes of the Research: This study aims to find out how the concept of legal protection for children who become refugees as a result of armed conflict and how the implementation of legal protection for children who become internally displaced persons in Ukraine.Results of the Research: The concept of humanitarian intervention to protect child refugees is the responsibility of the state as the national authority of Ukraine. but the conditions of war make a country unable to carry out its responsibilities as well as possible to protect internally displaced children as victims of war in their country. Although without intending to ignore the rights of child refugees, a country in a war situation will certainly place more strategic interests on military defense as its top priority, rather than other affairs and interests. the lack of proper livelihood and education for child refugees in Ukraine is one of the proofs showing that the Ukrainian state has not been successful as the main responsibility for protecting child refugees in the country. Therefore, the main responsibility cannot only be placed solely on the national authorities of the Ukrainian state, but must be the responsibility of all nations in the name of humanity, as is the case with international refugees who receive international protection. Children are a vulnerable group, very different from adult refugees. They need special attention so that they require more or different protection and handling measures because of their age. The best principle for the child (best interest of the child) must be the basis of his protection.

Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa Nurul Fitrah; Arman Anwar; Irma Halima Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1557

Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances. This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.

Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE Avan Caezhar Prayugo; Marthinus Kainama; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1586

Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.

Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional Muhamad Ali Aqsa Haupea; Josina Augustina Yvonne Wattimena; Arman Anwar
PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v3i2.1351

Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research: The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system

Perlindungan Hak Asasi Manusia Pekerja Migran Di Qatar Terhadap Sistem Kafala Berdasarkan Konvensi International Labour Organization Nomor 143 Tahun 1975 Tentang Pekerja Migran Azarya Gerry Likumahua; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 3, No 4 (2023): Volume 3 Nomor 4, Juni 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i4.1796

Introduction: Migrant workers have human rights that must be respected and protected.Purposes of the Research: This paper aims to find out and analyze the regulations on the protection of the human rights of migrant workers in terms of ILO Convention Number 143 of 1975 concerning migrant workers and to find out and analyze the kafala system in Qatar contrary to ILO Convention Number 143 of 1975 concerning migrant workers.Methods of the Research: The method used is a normative juridical research method using a case approach and a statutory approachResults of the Research: The results of the study show that the ILO Convention 143 of 1975 concerning Migrant Workers has guaranteed the respect and protection of the human rights of migrant workers, while the Kafala system is based on the Qatar Constitution which is based on Islamic sharia law where the legal relationship between the employer (insurer) and the worker (insured) must be mutually agreed upon. in the contract (agreement) in the principle of trust (sponsorship) imbued with the spirit of religiosity, but in practice its implementation has been misused by employers and companies for the benefit of their personal gain so that they are no longer trustworthy in carrying out their responsibilities as stipulated in the Kafalah system. The Kafala system needs to be reviewed and evaluated by the Government of Qatar so that in its application it is no longer misused. Meanwhile, the ILO needs to provide a firm response to the occurrence of human rights violations of migrant workers in Qatar so that they do not happen again in the future.

Tanggung Jawab Negara Terhadap Pengungsi Dan Pengaruhnya Bagi Hubungan Diplomatik, Perspektif Konvensi Wina 1961 Marlin Paulina Laiyan; Arman Anwar; Lucia Charlota Octovina Tahamata
TATOHI: Jurnal Ilmu Hukum Vol 3, No 6 (2023): Volume 3 Nomor 6, Agustus 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i6.1813

Introduction: The Afghan government's pro-Western policies and secular ideologies caused a strong reaction from radical groups who wanted to establish a new Afghan government, resulting in a civil war in Afghanistan.Purposes of the Research: The purpose of this study is to examine and discuss the implementation of state responsibilities and their impact on Afghan refugees in Indonesia for diplomatic relations, from the perspective of the 1961 Vienna Convention.Methods of the Research: This research is based on the normative legal research method which is also known as library research. The approach used is a conceptual approach, a statutory approach, and a case approach. The procedure for collecting legal materials is carried out by studying and analyzing library materials in relation to literature, conventions, and laws. Processing and analysis of legal materials is carried out by examining, researching, and compiling legal materials in an orderly and logical manner to ensure the completeness of legal materials so that they can be interpreted.Results of the Research: Based on the results of research on state responsibility for refugees and its effect on diplomatic relations, the perspective of the 1961 Vienna Convention. The principle of state sovereignty in international relations has a very large influence on the right of a country to control a government territory, society or over itself so that in practice it is against refugees a state is negligent or violates what is required by international law, namely in providing protection, promotion and respect for human rights based on a treaty and customary international law. As an example; there are several countries that are parties to the 1951 Convention, act to receive and provide protection, expel and return refugees to other places or to their countries of origin where these actions have violated the Non-Refoulement Principle Article 33 paragraph 3 which is basically related to the principle of protecting human rights. Meanwhile, there are also countries that, although not participants in the 1951 Convention, accept and make laws and regulations that apply to refugees to ensure the protection of human rights that refugees do not get because of conflicts that occur in their place or country of origin.

Bentuk Pertanggungjawaban Pelanggaran Ham Terhadap Tawanan Perang Menurut Hukum Dan Ham Internasional Figur Muhammad Ali Putra Nirwan; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 7 (2023): Volume 3 Nomor 7, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i7.1849

Introduction: The Syrian conflict was motivated by the Arab Spring, which was related to demonstrations and popular resistance in the Middle East and North Africa which ended with the fall of the ruling regimes in these regional countries.Purposes of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Methods of the Research: The research method uses a normative juridical method. This type of research is descriptive analytical using primary, secondary and tertiary sources of legal materials where the collection of legal materials is carried out using library research. Furthermore, the analysis technique uses qualitative analysis, by identifying facts, eliminating irrelevant things, determining the issue and then concluding the results of the analysis according to the problem being studied.Results of the Research: Legal violations against prisoners of war based on international legal and human rights instruments according to the Geneva Convention III of 1949 (Geneva Convention (III) Relative to the Treatment of Prisoners of Wat) and Additional Protocol I year 1977 (Protocol Additional to the Geneva Conventions of 12August 1949, and relating to the Protection of Victims of international Armed Conflicts) have the right to be treated with dignity and humanity, such as not being forced to provide information unless they know their identity. Their torture and cruel treatment is seen as a war crime. prisoners of war must be moved from dangerous areas to safe places. Their living conditions must be equivalent to those of members of the armed forces of the host nation. Accountability for legal violations against prisoners for serious human rights violations against prisoners of war legally basically refers to the principle of exhaustion of local remedies through the mechanism of a national court forum. The unwillingness and inability of countries suspected of committing serious violations of human rights to resolve the problem of these violations at the national level can underlie the emergence of the judicial competence of the International Criminal Court (ICC). War crimes and crimes against humanity in accordance with the Rome Statute (Article 5 paragraph (1).

Penegakan Hukum Keimigrasian Tenaga Kerja Asing Yang Non Prosedural Natasya Carolina Hitipeuw; Arman Anwar; Veriana Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 3, No 8 (2023): Volume 3 Nomor 8, Oktober 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i8.1859

Introduction: The entry of non-procedural foreign workers causes problems in destination countries, including Indonesia.Purposes of the Research: Aims to identify and analyze the implementation of visa-free in Indonesia according to immigration law and to identify and analyze forms of immigration law enforcement for non-procedural foreign workers.Methods of the Research: This research uses a normative juridical method with primary, secondary and tertiary legal materials used in the research. The collection technique is carried out through literature studies in the form of scientific works and literature and others.Results of the Research: The research results show that the visa-free policy implemented by the Indonesian government is regulated in Presidential Regulation Number 21 of 2016 concerning Visa-Free. However, in practice, foreigners who enter Indonesia often violate the terms of the visa-free visit by working without permission. So deported by forced repatriation of foreign workers to their countries of origin. Whereas for foreign workers who commit immigration crimes, Pro Justisia's actions go through a protection process in the form of criminal acts for immigration crimes for non-procedural foreign workers

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